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Relating to establishing actual progress for the purposes of determining the right to repurchase real property from a condemning entity.
There is an indeterminate fiscal impact to the state from the provisions of the bill due to the case by case nature of the requirements on previous and future condemnations.
SB 726 would define what "actual progress" is for the purposes of improvements made on land that was acquired by eminent domain, being three specific actions. Current law allows a property owner to repurchase the property from the condemning entity if actual progress has not been made within 10 years from the date the land was acquired through eminent domain. In addition to clarifying "actual progress," SB 729 would allow a navigation district or port authority to establish actual progress through one specific action if that action is the only necessary action to provide the public use for which eminent domain was used. In some regards, SB 726 would make it easier for the original owners to repurchase property that was taken with eminent domain.
Texas Action supports SB 726 as this bill makes private property rights more secure by providing a narrower legal definition for actual progress that a property taken through eminent domain must achieve within the given timeframe.
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